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(CNN)Donald Trump stated Saturday that he plans to sue the women who have accused him of groping and other sexual misconduct.
Speaking at an event in Pennsylvania, Trump said: “Every woman lied when they came forward to hurt my campaign,” adding that “all of these liars will be sued after the election is over.”
This is more than just an academic dispute, however. There are massive practical considerations as well. Whether it’s Trump or his accusers who fire the first paper volley in court, they should consider the risks and costs, as well as the law.
Trump could be destroyed by the discovery process alone. If he’s a party to a lawsuit about the veracity of accusations of sexual misconduct, his opponents can force disclosure of information about any matter relevant to the subject matter involved. Relevant information is broadly defined: it’s not limited to evidence admissible at court. Instead, it’s anything reasonably calculated to lead to the discovery of admissible evidence.
In a case like this, it would potentially open up anything loosely connected to his past relationships or contact with women.
At the outset, it might look like the accusers stand to profit from a lawsuit. But accusers give up their privacy in high-profile cases, and that’s a bell that cannot be un-rung. Trump has a reputation for a scorched-earth litigation policy, too, which can be overwhelming for the uninitiated opponent. It’s a lot for one of these accusers to risk, especially when a court might toss this case at the outset because the comments were flippant, too vague or mere opinion.
That’s why these threats by Trump are likely bluster. It would be throwing good money after bad for him to sue, to say nothing of the potential exposure. Even if he wins, how much money do these accusers have? Probably less than Trump’s anticipated attorneys’ fees. The accusers also have to weigh the risks of a lawsuit: Is it worth all the agony of litigation if Trump isn’t liable for nasty hyperbole or harsh opinion? Either winner of a court case here might achieve only a pyrrhic, symbolic victory at best.
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